Arbios

The plaintiff is constable of one of the townships in the county of San Bernardino, and on the fifth day of May, 1894, filed with the clerk of the board of supervisors of that county, and presented his claim for three hundred and eighty-three dollars and forty cents, properly itemized and verified, for services rendered by him as such constable. The board of. supervisors at its meeting on the 7th of August allowed the claim for one hundred and ninety-eight dollars and ninety-nine cents. Thereupon the plaintiff commenced the present action to recover the full amount of his claim. A demurrer to the complaint was sustained by the court, and from the judgment entered thereon this appeal is taken.

The controverted question on this appeal is whether the plaintiff was authorized to bring an action upon the claim before the supervisors had acted thereon, after being informed of his unwillingness to accept the amount allowed. Section 43 of the County Government Act (Stats. 1893, p. 364), after providing that the board of supervisors may allow a portion of a claim presented, provides: “If the claimant is unwilling to receive such amount in full payment, the claim may again be considered at…